RITA BAHUGUNA JOSHI AND TWO OTHERS Vs. STATE OF UTTARKAHAND
LAWS(UTN)-2013-5-83
HIGH COURT OF UTTARAKHAND
Decided on May 01,2013

Rita Bahuguna Joshi And Two Others Appellant
VERSUS
State Of Uttarkahand Respondents

JUDGEMENT

- (1.) The applicants, by way of present application under Sections 482 Cr. P.C., seek to quash the impugned FIR, charge sheet and orders dated 17th April, 2007 & 19th June 2008 passed in criminal case no. 1537 of 2007 State vs. Nav Prabhat and others, pending in the Court of Judicial Magistrate, Vikas Nagar.
(2.) A first information report was lodged by Naib Tehsildar, Vikas Nagar against Ram Saran Nautiyal, Smt. Rita Bahuguna Joshi (both workers of Congress Party) and Nav Prabhat, who was a candidate contesting the election in Vikas Nagar Assembly constituency, on 07.02.2007 in PS Dakpathar, as regards offences punishable under Sections 171-C IPC and Section 123 of the Representation of People Act, 1951.
(3.) According to the first information report, which was addressed to the officer-in-charge, reporting outpost, Dakpathar, an annual function of Uttarakhand Adiwasi Vikas Parishad was organized on 07.02.2007 in the premises of Garhwal Mandal Vikas Nigam, in which Ram Saran Nautiyal, Smt. Rita Bahuguna Joshi and Nav Prabhat, a candidate contesting the election from Vikas Nagar legislative assembly constituency were present. It came to the notice of the informant that the congress party worker Ram Saran Nautiyal organized a luncheon in the said annual function. The said act of the accused persons was said to be breach of model code of conduct. After the investigation, a charge sheet against the accused persons in respect of the selfsame offences was filed before the Magistrate concerned. Feeling aggrieved against the same, present application under Section 482 Cr.P.C. was moved on behalf of the applicants.;


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